Two Cases, One Arrest
A DUI arrest in Maryland triggers two entirely separate proceedings. The criminal case under Transportation Article §21-902 proceeds through the District or Circuit Court. The administrative case before the Maryland Motor Vehicle Administration (MVA) proceeds independently and can result in license suspension regardless of what happens in criminal court.
You can be acquitted of DUI in criminal court and still lose your license administratively — or vice versa. The two proceedings operate under different legal standards and are decided by different authorities.
The 10-Day Deadline — TR §16-205.1
What the MVA Administrative Law Judge Considers
The administrative hearing is conducted by a Maryland Office of Administrative Hearings (OAH) judge. The judge evaluates the following issues — not whether you are guilty of DUI, but whether the administrative prerequisites for suspension were met:
- Whether the police officer had reasonable grounds to believe you were driving under the influence
- Whether you were properly advised of your rights under the implied consent law
- Whether you were tested or refused testing, and whether the test was properly administered
- Whether your BAC was 0.08% or higher at the time of testing (for per se suspension)
- Whether proper documentation was completed and provided to you at the time of the stop
Breathalyzer Refusal and the MVA
If you refused a breathalyzer test, the administrative consequences are separate from and in addition to the criminal ones. Under §16-205.1, refusal of a chemical test triggers its own license suspension — and under §21-902.3, a DWI or drug impairment conviction combined with a test refusal finding requires mandatory participation in Maryland's Ignition Interlock System Program for one year.
An experienced DUI attorney can challenge the administrative suspension at the OAH hearing by cross-examining the officer on the grounds for the stop, the accuracy of the implied consent advisement, the proper administration of the chemical test, and the completeness of the required documentation. A successful MVA hearing can result in rescission of the suspension — preserving your ability to drive while the criminal case is pending.
The Cohen Law Firm handles MVA hearing requests and appearances across all seven Maryland counties. Call 410-332-0414 immediately after your arrest to ensure the 10-day deadline is met.
Suspension Periods by Offense and BAC
| Circumstance | First Occurrence | Second or Subsequent |
|---|---|---|
| BAC of 0.08% or higher (tested) | 180 days | 270 days (or revocation) |
| BAC of 0.15% or higher (tested) | 180 days + IID required | 270 days + IID required |
| Refusal to submit to chemical test | 270 days | 2 years (or revocation) |
The Ignition Interlock Option
Rather than serving a full administrative suspension, some drivers may elect to participate in Maryland's Ignition Interlock System Program, which allows continued driving in a vehicle equipped with an interlock device. Participation in lieu of suspension has specific eligibility requirements and program obligations. An attorney can evaluate whether this option is available and appropriate in your situation.